Whether you are a computer ‘nerd’ or just an average Joe, the world of computers can be a daunting place if you are accused of a crime. Do you know the true meanings of terms like ‘IP address’ and ‘browser cache’ and most importantly their evidential significance?
Crimes involving computers have become something of a speciality for me following a number of complex cases I have conducted in the last couple of years. With the ever-growing use of smart phones, the terminology and evidential significance of computer terms are becoming hugely relevant to many cases where they previously would not have featured. As lawyers we cannot be complacent and simply leave these issue to the ‘experts’ as we need to understand the case from the outset and be able to advise our clients accordingly.
With the Police and Crown Prosecution Service under strict budget control we are often now served with stream-lined reports that give a bold conclusion indicating illegal activity but lacking any detail as to how the expert has reached this conclusion. I regularly employ the services of Lee Bottomley of Leyson Data (http://www.leysondata.com/) to check and analyse the evidence that we are presented with and often together we can build a case to show that the evidence is not as it first appears. For example, in a recent case Lee and I identified evidence to support the client’s contention that material on his mobile phone had resulted from his e-mail account being hacked.
Once a case reaches trial the next step is to ensure that the Jury are going to full grasp the technological evidence and the point that you wish to make. It is therefore vital that we employ a barrister who again grasps the terminology and is able to present it in a clear and coherent way. Nick Tucker of 12 College Place chambers has worked on such cases for 25 years and is adept at presenting the evidence to people who may have no previous experience of computer technology. His meticulous approach allows him to advise Lee and myself as to how we should progress the case and build the defence for our client.
Nick Tucker (http://www.12cp.co.uk/barristers/nicktucker)
If you are accused of such a crime – contact us today for advice.